Criminal Defense Legal Questions

Yes you can. If you feel threatened you (words alone are usually not enough, they have to be threatening to do something or acting like they may come after you) can respond with reasonable force. Meaning if they push you then you can push back or throw a punch. What you can't do is respond with unreasonable force. (i.e. you can hit them with a bat if the push you). If you're in a place that you have every right to be (essentially any public place) you do not have a duty to retreat. Just remember that you do not have a self-defense argument if you're the aggressor. ... Read Answer

An attorney/client relationship does not exist between us, or this forum. It's not wise to make admissions such as this in a public website. That said, the testimony of the person who named you as the offender can be enough to convict you of the crime, despite the covering on your face. Retain an attorney.... Read Answer

If you are on bond, and there are conditions on the bond (like not drinking) and you do violate those conditions, it 'violates' the bond conditions and leads to the bond being revoked, thus resulting in you being jailed and having to re-visit bonding. So if you want to stay out of jail, it is best to comply with the conditions of your bond. It can repeatedly be revoked, if you repeatedly violate the conditions. And they COULD charge you with a new crime of 'vioating bond conditions'. ... Read Answer

It sounds as if they have a strong case against you.  You took things that you knew were not yours to take.  You will need a lawyer.  Hire one, or get one appointed if you are indigent.  If he owes you that much money, you may be able to get off without a conviction by showing that what you took was worth much less than you are owed.  Good luck. ... Read Answer

First Degree Criminal Trespass is defined as 'knowingly and unlawfully enering or remaining in the dwelling of another'.  Voluntary intoxication is not a defense to this crime.  However, certainly being intoxicated may mitigate the seriousness of the offense in some ways.  Depending on your prior criminal record, if any, and the homeowners position on the case, it may be possible to work out a plea bargain that owuld not result in a permanent felony conviction on your record.  Our firm would, of course, be happy to help.    ... Read Answer

If the person's charge/s has/have been Nolle Prossed, then he is released on that charge/s.  However, if the person is being held on multiple charges in a case and only one of the charges was Nolle Prossed, he would not automatically be released since he has other charges that were not Nolle Prossed.  It also is possible that the person is being held on more than one case.  So even if all charges in one case are dropped, he would continue to be held on the other case/s.  Nolle Prosequi means the state is not proceeding on that charge.  In other words, that particular charge has been dropped.  ... Read Answer

You should always (ALWAYS) be able to hire an attorney to represent you.  I am assuming your question means can the judge refuse to appoint an attorney for you.  He can, on a misdemeanor, if he will not be sending you to jail.  If you refuse to accept the attorney that he appointed, then you may be stuck representing yourself.  I hope these answers apply to your situation.  Otherwise, you will probably need to post another question that includes more specifics about your case.... Read Answer

It is very likely that he will be charged with a felony. The other issue is how many counts he will be charged with since each time he broke in is a new offense. If the prosecutor's office thinks that they can prove each break-in, he may be charged with 4 counts. You should make arrangements to speak with a criminal defense attorney promptly.... Read Answer

The key is working with the NJ prosecutor to determine the validity of the charges and the prosecutor's desire to move forward. You will need representation in NJ. Please check our background and recommendations. I was the First Assistant Prosecutor in NJ. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600 ext 235. No charge for the call. ... Read Answer

The key is getting into the Pretrial Intervention program. You can use the 'facts' about the money differences to your benefit with the prosecutor. We use the PTI program all the time. The charges are ultimately dismissed. You can have the arrest expunged. Please call asap to discuss. Ed Dimon, Esq. 7320797-1600 ext 235... Read Answer

If you are on felony probation in Florida, an affidavit of violation of probation can be filed if you move to a new location without first getting your probation officer's consent to move.  Even if you were evicted (and, consequently, had no choice), you still must obtain your probation officer's approval of a new place to live.  It is not sufficient to inform your probation officer "after the fact."  Although telling your probation officer "after the fact" will be more helpful than just not telling him/her.  Even if you are being evicted, the process normally takes a few days.  During that time period, you would be expected to let your probation officer know what was going on; and inform him/her of your plans, assuming he/she approved.  So, even if you already moved, you need to make sure. your probation officer knows.  Let the officer know you just are at the hotel until you can get his/her approval to either stay there or go elsewhere if the P.O. doesn't approve of the hotel.   That does not guarantee no affidavit of violation will be filed.  (That will depend, somewhat, on the P.O. and area of Florida where you are on probation.). However, that may help in case a VOP is filed against you. ... Read Answer

To work out a 'global disposition' where a person has multiple cases in multiple counties, takes getting the prosecutor assigned to each case, in each of the different counties, to talk to each other and work together to coordinate a resolution of all of the cases. That can be an agreement to treat a case in one county a certain way if a case in anotehr county is resoolved in a certain way - that type of thing. It is NOT easy to do - even as an attorney - and would be particularly hard to do as a person representing hiself. But I suppose it is possible to do.... Read Answer

A sentence to "Community Corrections" is actually a prison sentence with placement at the halfway house, so violating the conditions of the halfway house would normally result in the sentence being converted to a prison sentence.  The presentence confinement and the time spent in the halfway house would be credited against the sentence in prison.  It is sometimes possible to work out something that would not end in a prison sentence but it depends on a number of things.... Read Answer

Generally while the case is open, there will be a no contact order in place. You can get that dropped by getting a safety plan in place. As far as the self-defense claim, it's not technically relevant whther they are still in a relationship. What matters is what happened that day. Nevertheless, the context can always sway the judge or jury.... Read Answer